Right of the witness not to incriminate oneself. Right to silence in the criminal trial Cover Image
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Dreptul martorului de a nu se autoincrimina. Dreptul la tăcere în procesul penal
Right of the witness not to incriminate oneself. Right to silence in the criminal trial

Author(s): Adrian Șandru
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: criminal proceedings; right to silence; witness; non-self-incrimination; evidence; fair trial;

Summary/Abstract: This paper appears as a response to the debate created by the new proposals to amend the criminal codes. I believe that a legal debate should start from the fundamental principles of law and be conducted academically, presenting legal arguments and also knowing the comparative law issues related to the topic debated. This is why this paper offers a historical, current and comparative perspective in terms of recognizing the right to silence to the person being heard as a witness in the criminal trial.

  • Issue Year: 2018
  • Issue No: 04
  • Page Range: 122-141
  • Page Count: 20
  • Language: Romanian